Clawback of Old Age Security

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The Canada Revenue Agency (CRA) was reminded by a taxpayer recipient of the Old Age Security pension (OAS) about a perceived lack of fairness when required to include the dividends received at a grossed-up amount when calculating net income rather than only including the actual amount of dividends received. The taxpayer felt this was unfair because their net income was used to calculate the reduction his or her OAS. In….

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Canada Revenue Agency, Tax Issues

Helping Caregivers Get Ready for Tax Time

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While we are almost down to the wire and for those who have yet to file their taxes, this blog will highlight the new Canada Caregiver tax credit.  This credit replaces the Infirm Dependent, Caregiver and Family Tax credits.  It was designed to assist families with caregiving responsibilities to  provide better support to those who need it the most, and applies to caregivers whether or not they live with their….

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Caregiving, Tax Issues

Resilience in the Face of Adversity

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I sat down to write this blog thinking I would write about a pithy planning idea that all readers would find fascinating.  Instead, the events of the past few days have compelled me to write about something quite different.  That is, the resilience of humans in the face of tragedy.  Many will be familiar with the events of the past few days, namely, the horrific crash of a transport truck….

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Uncategorized

Ontario Donation Tax Credits – Proposed Rationalization

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Proposed Change The Canadian donation tax credit regime is generous, but opaque and needlessly complex. The March 28, 2018 Ontario Budget proposed a welcome reform for an intricate system. Too bad the idea is from a government that polls predict will likely to be voted out of office in eight weeks. Ontario’s current system of donation tax credits is the most byzantine in the country due to a combination of….

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Uncategorized

More than a Suspicion: The Minimal Evidentiary Threshold

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A recent Ontario decision, Martin v. Martin [1], considered the minimal evidentiary threshold required to obtain documentary discovery in a will challenge as set out in Seepa v. Seepa.  For further background on Seepa, read Rebecca Studin’s previous blog post on that decision. In Martin, the Applicant (the named Estate Trustee) sought an order removing the Notice of Objection of the Respondent, his sister, to his appointment as Estate Trustee….

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Estate Litigation, Testamentary Capacity, Wills

Executors Remuneration

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Occasionally, I (like many of fellow bloggers for sure) get asked – what is appropriate remuneration for an executor or executrix to administer an estate – often in circumstances where remuneration is not specified or even referred in the deceased’s will or otherwise. Bottom line, what are the guidelines and how much is enough? A recent court case in the Supreme Court of British Columbia Le Gallais Estate (re) 2108….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation, Uncategorized, Wills
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